NATIONAL ASSEMBLY Law No. 2014-021 concerning the representation of the State
EXPLANATORY MEMORANDUM This Act is taken pursuant to the provisions of Article 145 of the Constitution, and constitutes the legal framework for the representation of the State with Regional and Local Authorities.
It reflects the need to ensure the efficiency and effectiveness of the actions of the administration at local level by strengthening the coordination of r ole and pulse of the decentralized services of the State by the Representative of 'State.
It highlights the extension of the central government at territorial level.
In addition, the implementation of effective écentralisation d requires a new approach in the definition of support and advisory role of the Representative of the State to decentralized authorities without losing sight of its functions in control legality.
Under the principle that at each level of the Regional and Local Authorities is devolution, representation at the level of Provinces, Regional and Local Authorities newly created by the Constitution, is ensured by the Commissioner General.
In terms of regions, to ensure administrative autonomy of the Regional and Local Authorities, it appears essential to separate the role of the prime responsibility of the Executive Board and the Representative of the State in which the institution of the Prefect as representative of the State;
The Head of District acts as the representative of the State to the Commons.
As regards the powers of ésentants Repr State, this Act consolidates and brings more detail.
2 This Act contains thirty two articles divided into five chapters:
Chapter One: General Provisions; Chapter II: the organization and operation of the representation State ; Chapter III: Responsibilities of the State Representative; Chapter IV: legal control; Chapter V: Provisions finales. This is the purpose of this Act. 3
NATIONAL ASSEMBLY Law No. 2014-021 concerning the representation of the state
The National Assembly adopted in its meeting on 22 August 2014, the law whose content follows :
CHAPTER I. GENERAL PROVISIONS Article - pursuant to section 145 of the Constitution, this Act governs the representation of the State with the Regional and Local Authorities.
It sets the general principles governing the organization, functioning and powers of representation of the State.
Art.2 - The State Representative function is provided by an official who has the knowledge and experience required by the function.
He is appointed by decree of the Council of Ministers on proposal of the Minister of Interior.
Art. 3 - The administrative area is part of the Performance of the State Representative.
The administrative district is a territorial administrative n subdivisio of the State within which are located the decentralized services of the State. the central government directives are executed and implemented in this territorial framework.
4 CHAPTER II ORGANIZATION AND OPERATION
REPRESENTATION OF THE STATE
First Section From the organization
Art. 4 - The administrative districts are: the Provinces; Prefectures; Districts Districts administratifs. et the Administrative Districts include basic administrative subdivisions referred Fokontany.
Art. 5 - The State Representative, level of administrative division, carries the title:
"Commissioner General"; - "Prefect"; - "District Manager"
.- The Head of Administrative District is the auxiliary of the District Chief.
Art. 6 - The Commissioner General is the state with the Province.
Art. 7 - The Prefect represents the State in the Region.
Art. 8 - The District Manager represents the State in the Commons.
Art. 9 - The Commissioner General and the Prefect each have a general secretariat.
The General Secretaries are appointed by decree of the Council of Ministers upon proposal of the Minister of Interior.
The District Head has two Deputies of which is responsible for the overall and regional administration and the other is responsible for the support of the Commons and in local evelopment. They are appointed by decree of the Minister of Interior.
Functioning Art. 10 - The State Representative holds periodic meetings with the decentralized state services in his constituency. 5
It must ensure the support functions and consulting officials of the Decentralized Territorial Collectivit ed.
Art. 11 - In the exercise of its functions, the exhibiting Repr state is compelled to wear uniforms specially designed for this purpose, including at official ceremonies.
Art. 12 - The General Office, the Prefecture and the District have an annual operating budget covered by the general state budget.
Art. 13 - The State Representative must reside in County seat of his constituency.
Art. 14 - The State Representative may delegate some of its powers to the Secretary General or his deputies, as appropriate.
CHAPTER III DUTIES OF THE REPRESENTATIVE OF THE STATE
Art.15 - The State Representative is the Prime Minister, Head of Government and each of the Ministers, members of the Government.
To this end, it prolongation ge the functions of central government at its territory.
Art. 16 - The State Representative: ensures the implementation of the general policy of the state as part of its spring territorial; has authority over the heads of the decentralized services of the State established in its jurisdiction;
Art. 17 - The State Representative anime, coordinates and controls the activities of the various decentralized departments of the State implanted in his constituency.
This purpose: it receives copies of all correspondence sent to administrative by Ministers or State Secr étaires their services éconcentrés well as activity reports said services addressed to the Ministers concerned; it must be informed by the authorities that have prescribed them, the tourn ed and missions in his constituency by officials and agents of public and parapublic services; he convenes and chairs regular meetings with all heads of decentralized technical services, and is accountable to his superiors; he must receive a copy of the allocation decisions, rating and leave all public officials in his constituency.
6 Art. 18 - The State Representative may take administrative measures in the form of decision or order.
This purpose: it exercises the specific powers assigned to it by laws and regulations; it ensures the application and enforcement of laws and regulations; it is responsible for implementing and monitoring the implementation of the guidelines Government; he also holds the elected authorities and the population regularly informed of the policy State and Government activities; reports to the Government of the situation in his riding .
Art. 19 - The State Representative receives a copy of the court decisions concerning convictions affecting civil and civic rights of individuals resident in the constituency.
Art. 20 - The State Representative is responsible for order and public security.
He chairs a structure to define appropriate strategies and measures to preserve and maintain order and public safety in his constituency.
To this end, it has all the police forces in the constituency. It requires in regulatory forms gendarmerie units and army stationed in his constituency.
Art. 21 - The structure provided by the pr écédent section consists of the Representative of the territorially competent State, Head prosecutors and unit commanders of the security forces operating in his district.
Art. 22 - The Representative of the State support and advice to the organs of the Decentralized Territorial Communities in the exercise of their duties.
Art. 23 - The State Representative is authorized to surrender honors in his constituency, in accordance with applicable laws.
CHAPTER IV CONTROL OF LAWFUL
Art. 24 - The State Representative is responsible for the legal control of the acts of Regional and Local Authorities.
As such: the Commissioner-General is responsible for monitoring the legality of Province; the prefect is responsible for controlling legality of the Region 7
the District Manager is responsible for monitoring the legality of acts of Commons
The Representative of the State may seize the competent court as appropriate. Art. 25 - The acts of the bodies of the Decentralized Territorial Communities
must be transmitted immediately to the Representative of the State, which issues a receipt.
Art. 26 - The Representative of the State shall refer to the competent court any action it deems tainted with illegality or irregularity within thirty days of receipt.
Art. 27 - The State Representative from a Decentralised Local Authority shall promptly inform the Local Authority concerned Decentralized when an act shall refer to the competent court, and communicate to all observations on the case of illegality or situations irregularity raised against the act in question.
Art. 28 - The Representative of the State may impose remedies of a request for suspension. This is allowed if one of the grounds stated in the request appears in the status of the investigation, justified.
CHAPTER V FINAL PROVISIONS Art. 29 - Statutory instruments shall rules for the application of this Act.
Art. 30 - State Representatives have the rights, allowances and benefits of exercising their functions whose nature and amount are fixed by regulatory means.
Art. 31 - are and shall remain abrogated all previous provisions contrary to this law, regarding the representation of the state, including those of:
Law No 94-008 of 26 April 1995 laying down the rules for organization, the operation and functions of the Regional and Local Authorities. Law n ° 2004-001 of 17 June 2004 on the Regions; Art. 32 - This law shall be published in the Official Journal of the Republic.
It will be enforced as a law of the state.
Antananarivo, August 22, 2014
THE NATIONAL ASSEMBLY PRESIDENT, SECRETARY
Rakotomamonjy Jean Max